Council Report 51989.93.1

51989.93.1 Change to Development Notice Approval DNA 138 for Additions to a Metal Fabrication Workshop and Office situated at 9 Leo Alley Rd NOOSAVILLE

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM/Application/51989.93.1

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Noosa Engineering & Crane Hire Pty Ltd
Proposal	Change to Development Approval
Properly Made Date	14 August 2017
Decision Due Date	26 September 2017

PROPERTY DETAILS
Property Address	9 Leo Alley Rd NOOSAVILLE  QLD  4566
RP Description	Lot 251 MCH 4539
Land Area	4738 Square Metres
Existing Use of Land	Industry

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Natural Hazards (Acid Sulfate Soils)
Assessment Type	Minor Change to Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 10 October 2017 regarding Application No. 51989.93.1 for Change to Development Notice Approval DNA 138 for Additions to a Metal Fabrication Workshop and Office situated at 9 Leo Alley Rd Noosaville and:
Approve the application in accordance with an amended condition 2 and additional condition 16 to read as follows:
At least 19 off-street car parking spaces must be provided and access thereto to be provided with a sealed pavement. The car spaces must be provided and marked on site and made available and accessible at all times while the use is open for business. The car parking spaces must not be used for storage of equipment and materials and the use must be made available prior to the use of these building additions.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table, and may be further amended by the conditions of this approval.
Plan No.	Rev.	Plan/Document Name	Date
A 1.01	H	Proposed Site Plan	05-09-17
A 1.02	F	Proposed Site Plan – Ground Level	09-04-16
A 1.10	F	Proposed Office Floor Plan	09-04-16
A 1.11	F	Proposed Office Upper Floor	09-04-16
A 1.12	F	Proposed Office Roof Plan	09-04-16
A2.01	F	Proposed Site Elevations	09-04-16
A 2.10	F	Proposed Office Elevations	09-04-16
A 2.11	F	Proposed elevations	09-04-16
Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks approval for an extension to an existing building at 9 Leo Alley Rd, Noosaville. The proposal seeks a two-storey addition situated adjacent to an existing metal fabrication workshop.
The planning report submitted with the application advises that the “extension is for the purpose of providing additional office, production and amenity space for employees of the existing use. The ground level would compromise an entry, production office, toilet facilities and a kitchen and lunch area. The upper level would comprise offices and a meeting room.
The existing office located in the northeast portion of the site will be removed.
The changes are to provide improved amenity for employees of the site and improve efficiencies in the operation of the business. They will support the growth of a successful and longstanding local business in the area.”
The proposal will result in a total use area of approximately 2375m2. Which overall is a reduction of 15 square metres to the current use area. This application is presented to Council due to the non-compliant parking outcomes proposed on the site.
The locality and building plans are included below.

Figure 1 – Site Location

Figure 2 – Site Location

Figure 3 – Proposed site and carpark layout

Figure 4 – Proposed front and western elevation

Figure 5 - Perspective Plans
site details
Site Description
The site is a rectangular industrial lot of 4738m2 in area and is situated at the corner of Sanders Street and Leo Alley Drive Noosaville. A significant manufacturing workshop is situated adjacent to the full length of the western boundary. Smaller buildings are situated adjacent to the rear section of the eastern boundary. Between these buildings and the front boundary exists a hardstand area which is used for the purpose of storing vehicles and materials associated with the existing land use. A roofed structure was previously to the front of the workshop which has recently been removed.

Figure 6 – Site Aerial
Surrounding Land Uses
North: 9 and 11 Commerce Court – industrial
South: Leo Alley Road
East: 11 Leo Alley Road: landscaping supplies
West: Sanders Street
Background
On 23 March 1989 DNA 138 was issued for Additions to a Metal Fabrication Workshop and Office. The approval related to land known as 9 Leo Alley Road Noosaville, formally known as Lot 251 on MCH 4539.
Included in the approval was a condition requiring:
Provision of at least 24 off-street car parking spaces, and access thereto to be provided with a sealed pavement and designed, drained, constructed and maintained in accordance with the Town Planning Scheme, Council’s Policies and to the reasonable satisfaction of the Shire Engineer. Plans and specifications for these works are to be submitted to the Shire Engineer for approval in conjunction with the Building Application. Upon submission of the amended parking layout, the Shire Planner may reassess the required number of spaces.
The additions provided for approximately an additional 2,074m2 of use area which comprised 1,788m2 for the manufacturing shed and 286m2 for the office. The resultant total use area of approximately 2,390m2 required the provision of 24 car spaces. The following building approval plan from 1990 identifies the two structures which were approved under the original approval. The manufacturing shed was partially built and completed in 2015 and the office building was not built.

Figure 7 – Building approval site plan
Shire records from January 1991 detail that car parking was provided outside of the original lot for which the approval was issued. This was accepted as the original lot had been amalgamated with the adjoining lot at the time. The amalgamation was registered on 31 July 1990 and the new title reference was Lot 251 on MCH 5569.
Subsequent to the acceptance of the car parking the land was subdivided in 1996 and subsequently sold. The subdivision appears to have been effected by the State government and did not include Council approval. Consequently, the use of the subject land continued without the provision of the required car parking spaces
The following image (Figure 8) is a site plan from the building permit detailing the location of car parking and the approximate location of the current title boundary.

Figure 8 – Car parking designation
The following images detail the site in May 2014 and September 2015.

Figure 9: May 2014

Figure 10: September 2015
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 a minor change means a change that -
would not result in substantially different development; and
if a development application for the development, including the change, were made when the change application is made would not cause -
the inclusion of prohibited development in the application; or
referral to a referral agency, other than to the chief executive, if there were no referral agencies for the development application; or
referral to extra referral agencies, other than to the chief executive; or
a referral agency to assess the application against, or have regard to, matters prescribed by regulation under section 55 (2), other than matters the referral agency must have assessed the application against, or have had regard to, when the application was made; or
public notification if public notification was not required for the development application.
The application constitutes a minor change as it will not result in a substantially different development as the built form and land use are consistent with the original approval. Furthermore, if an application for the development including the proposed changes were made today it would not result in prohibited development, require any referrals and public notification would not be required.
The built form of the development demonstrates compliance with applicable standards and is therefore supported. An assessment of the proposed changes to the built form is detailed in the following table.

Criteria	Planning Scheme	Proposal	Complies
Site Area	N/A	4738.24m²	
Building height storeys metres	2 storeys max 10 metres	2 storeys 7 metres	
Boundary setbacks Frontage (Leo Alley) Frontage (Sanders St)	6 metres min 6 metres min	7 metres 6.5 metres	
Carparking	24 uncovered min	19 uncovered	X
Car parking
The key aspect requiring consideration in the assessment of this application is the provision of 19 car spaces when 24 car spaces are required by the current approval. It is important to note that the office extensions are not intended to facilitate more staff, but rather provide improved amenity for the existing staff on the premises. The new building is also to replace an existing office located in the north-eastern corner of the site.
If an application were received today to develop the site with 2,375 square metres of use area for the purpose of Industrial Business Type 2 – Production, Alteration, Repackaging and Repairing, 32 car parking spaces would be required.
In support of the variation the applicant has submitted that the business has a maximum of 15 staff on site at any one time. The applicant has also advised that there are no retail goods offered for sale at the premises and that there is a very low turnover of customers throughout the day such that there would usually be no more than 1 customer on site at any time with a maximum of 2 customers on occasion.
At present a hardstand area is situated adjacent to the eastern boundary which will accommodate 16 of the proposed 19 car spaces, two of the car spaces are tandem spaces which are considered reasonable for staff parking. This area is currently being utilised for the purpose of equipment, machinery and vehicle storage. Accordingly, an amended Condition 2 will require that areas set aside for the purpose of car parking are only used for car parking purposes when the use is open for business.
It is considered that the provision of 19 car spaces is adequate in relation to peak demand use (15 staff and 2 customers). Whilst this is 5 less than the current required number of spaces it is noted that very limited staff parking currently occurs on the site and that the proposal provides for a substantial improvement to the current situation. It is also noted that the occupier of the land, Noosa Engineering and Crane Hire, have operated from the site for approximately 26 years. In light of recent upgrades to the site, being the 2015 increase to the manufacturing shed and the current proposal, it is reasonable to assume that they will continue to occupy the site for an extended period of time. Therefore, the specific relationship between the car parking provided on site and staff numbers is likely to remain aligned for some time.
The capacity for the site to accommodate the car parking associated with the 15 staff members is important as staff cars are likely to currently occupy public car parking within the surrounding estate. These cars would currently be parked for an extended period of time during each working day. The resultant impact on nearby street parking will be significant in an area where car parking availability is often constrained.
conclusion
The proposed additions to the Metal Fabrication Workshop and Office are considered reasonable as the built form parameters demonstrate compliance with the Noosa Plan. The proposed variation to car parking is considered reasonable as it provides significant rectification to the historical issue and adequately provides for staff car parking.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	x	Environment & Sustainable Development		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance	x	Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 OCTOBER 2017

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	DD MONTH YYYY

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